Italian citizenship through marriage: is it possible if the spouses are separated?
Pubblicato da Liuzzi e Liuzzi International law firm in Italian Law · Venerdì 09 Ago 2019 · 2:45
Tags: italian, citizenship, through, marriage, italian, citizenship, and, separated, spouses
Tags: italian, citizenship, through, marriage, italian, citizenship, and, separated, spouses
Liuzzi e Liuzzi Italian and International Law & Tax Firm
Italy-Spain
Italian citizenship for separated spouses
According to what is established by article 5 of Law 91 of 1992 regarding Italian citizenship (cittadinanza italiana), the foreign (alien) or stateless spouse of an Italian citizen can obtain Italian citizenship when:
- after marriage, he/she legally resides for at least two years in the territory of the Italian Republic “Repubblica Italiana”
- or after three years after the celebration of the marriage if he/she resides in a foreign Country(these are reduced to a half if the couple has children born or adoptive ones by the two spouses)
if at the moment of issue of the decree granting Italian citizenship dissolution or nullity or the cessation of civil effects of the marriage have not been declared yet and it does not exist a personal separation of the spouses.
According to the Italian jurisprudence (see for instance the ruling of the Italian Supreme Court of Cassation- Corte di Cassazione Civile Sez. I n. 969 of 2017 “the personal separation of the spouses is a condition who avoids the right of requesting the recognition of Italian citizenship through marriage to an Italian citizen but not the separation de facto”) the de facto separation (it is different form the personal separation that in Italy can be a judicial one or for mutual agreement certified before a Court) of the spouses is not a condition preventing a spouse from obtaining Italian citizenship through marriage to an Italian citizen.
According to the Italian Supreme Court of Cassation among various reasons the different regulation to be applied to the separation de facto and to the personal separation are clearly explained by article 5 of Law 91/1992 which refers only to the so called “separazione personale” which means in English “personal separation” and from the text of article 154 of the Italian Civil Code (this one refers to “personal separation” when establishes that to the reconciliation between the spouses it follows the release of the petition for personal separation that has been filed)
It is really important to specify that in Italy “separazione personal” that is personal separation is the real interruption by one or both the spouses of the married life without a judicial resolution authorizing the spouses to live separated.
Liuzzi e Liuzzi Studio Legale Internazionale- Bufete Internacional de Abogados y Economistas provides extrajudicial and judicial assistance for the recognition of Italian citizenship for marriage in any Country of the World. To ask for legal advice and assistance click here and contact Liuzzi e Liuzzi Law Firm now.
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